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2014 DIGILAW 1439 (ALL)

Jagdish Prasad Sharma v. Commissioner of Food Safety, Lucknow

2014-05-02

ARUN TANDON, SATISH CHANDRA

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JUDGMENT Arun Tandon & Dr. Satish Chandra, JJ.: - This bunch of writ petitions has been filed challenging the order passed by the Additional District Magistrate/Adjudicating Officer under Section-68 of the Food Safety and Standard Act, 2006 (hereinafter as Act, 2006) for violation of the provisions of the Act, 2006. 2. The Act, 2006 provides for an appeal against the order made under Section-68 of the Act. However, since Appellate Tribunal had not been constituted, the aggrieved party namely the petitioner had no other option but to approach this Court under Article-226 of the Constitution of India. The High Court while entertaining the present writ petition granted an interim order in favour of the petitioner on certain conditions including deposit of part of the penalty imposed. 3. On behalf of the State, the Additional Government Advocate has informed the Court today that eight (08) Appellate Tribunals under Section-70 of the Food Safety and Standard Act, 2006 have been constituted alongwith their territorial jurisdiction. 4. We are also informed that Presiding Officers of the Appellate Tribunal are to be appointed in consultation with Hon'ble The Chief Justice of the High Court, Allahabad. The matter in that regard was placed before Hon'ble The Chief Justice, who in term referred the same to the Administrative Committee of the High Court, Allahabad. The Administrative Committee as per its resolution dated 07.04.2014 has resolved that eight (08) District & Sessions Judge as mentioned in the resolution shall be the Presiding Officers of the Food Safety Appellate Tribunal as per their jurisdiction from the date of the issuance of the notification by the State Government for the purpose. This decision of the Administrative Committee has already been forwarded to the State Government for necessary publication of the notification so that the Appellate Tribunals may become functional. The arrangement so made by the High Court is continue till 31.12.2014 or till the appointment of the Presiding Officers of the Tribunals as per the Act, 2006 whichever is earlier. 5. The ministerial act of issuance of notification for complete establishment of Tribunal so as to be made functional is still awaited. 6. The arrangement so made by the High Court is continue till 31.12.2014 or till the appointment of the Presiding Officers of the Tribunals as per the Act, 2006 whichever is earlier. 5. The ministerial act of issuance of notification for complete establishment of Tribunal so as to be made functional is still awaited. 6. In these set of facts, we are of the considered opinion that interest of justice would be served by disposing of all these writ petitions with following directions: - (a) State Government may issue necessary notification for establishment of the Appellate Tribunals alongwith the Presiding Officers as per the decision of High Court referred to above, latest by 31.05.2014. (b) The petitioners may file their appeals before the concerned Tribunals alongwith interim stay application within one month thereafter i.e. by 30.06.2014. The interim applications made by the petitioners shall be considered by the Appellate Tribunals within one month i.e. latest by 31.07.2014. (c) Till the date the interim stay applications are disposed of by the Appellate Tribunal the interim protection provided by the High Court shall continue in operation and thereafter the order to be passed by the Appellate Tribunals shall hold the field. With the aforesaid direction this writ petition is disposed of.